Rare court opinion regarding trusts and estates marks first of its kind for 2017.
LAS VEGAS – (February 08, 2017) Typically reticent on matters involving trusts and estates, the Nevada Supreme Court has issued its first reported opinion for 2017 in the trust and estate context.
On behalf of Solomon Dwiggins & Freer, Ltd., a Las Vegas-based law firm specializing in trust and estate litigation, attorneys Mark A. Solomon and Joshua M. Hood prevailed upon the court on two issues last month, determined by the Nevada Supreme Court as matters of first impression.
The first issue presented in the matter of the Beatrice B. Davis Family Heritage Trust regarded the interpretation of the scope of NRS 155.190(1)(h), which grants appellate court jurisdiction to consider appeals from certain trust and estate rulings. For this issue, Solomon Dwiggins & Freer attorneys argued that the jurisdiction afforded that statute was limited to its plain language and could not be broadened. In agreeance, the Nevada Supreme Court ruled that an individual appealing an order from a district court pertaining to the appointment or instruction of a trustee can only appeal the appointment or instruction of the trustee; the appellate court cannot address the district court’s findings beyond that scope.
The second issue addressed whether an investment trust advisor who accepts appointment of a trust whose situs is in Nevada consents to personal jurisdiction in Nevada. Here, the Nevada Supreme Court concurred with the interpretation of Solomon Dwiggins & Freer that NRS 163.5555 subjects a person to personal jurisdiction in the Nevada courts if he or she accepts the position of investment advisor for a trust domiciled in Nevada.
“This decision by the Nevada Supreme Court in favor of Solomon Dwiggins & Freer’s clients not only serves to empower trustors in the state of Nevada but also demonstrates our firm’s continued commitment to zealously advocate for and represent our clients in all aspects of trust and estate litigation,” said Mark Solomon, the firm’s founding partner.